Liability of school for safety of varsity players

Dear PAO,

I have a serious concern regarding the injuries suffered by my son during his training. It happened in
January 2017 when my son was accepted as Grade 7 varsity player in his school. Sometime in mid-
January, during their usual training, my son broke a leg as he fell from the stairs of the school’s
gymnasium. He was hospitalized and underwent serious operation. I would like to ask if the school
administration may be liable for the incident that happened to my son.

Thank you very much.

Belle

Dear Belle,

Yes, the school is generally liable for damages for the incident that happened to your son. It bears
stressing that Article 218 of the Family Code, in relation to Article 2180 of the Civil Code, provides that
the school shall have special parental authority and responsibility over the minor child while under their
supervision, instruction, or custody.

The said provisions are quoted below:

“Article 218. The school, its administrators and teachers, or the individual, entity or institution engaged
in child care shall have special parental authority and responsibility over the minor child while under
their supervision, instruction or custody.

Authority and responsibility shall apply to all authorized activities whether inside or outside the
premises of the school, entity or institution. (349a)

Article 2180. The obligation imposed by Article 2176 is demandable not only for one’s own acts or
omissions, but also for those of persons for whom one is responsible.

xxx

Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their
pupils and students or apprentices, so long as they remain in their custody.
The responsibility treated of in this article shall cease when the persons herein mentioned prove that
they observed all the diligence of a good father of a family to prevent damage. [1903a]”

Moreover, as mentioned in Article 219 of the same code (law), considering that schools are given
authority and responsibility over the minor child, they shall be principally and solidarily liable for
damages caused by the acts of a child under their care. This article provides:

“Article 219. Those given the authority and responsibility under the preceding Article shall be principally
and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The
parents, judicial guardians or the persons exercising substitute parental authority over said minor shall
be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved
that they exercised the proper diligence required under the particular circumstances.

All other cases not covered by this and the preceding articles shall be governed by the provisions of the
Civil Code on quasi-delicts. [n]”

The Supreme Court in the case of St. Mary’s Academy vs William Carpitanos (GR No. 143363, February
06, 2002), penned by former Associate Justice Bernardo P. Pardo, explained:

“Under Article 218 of the Family Code, the following shall have special parental authority over a minor
child while under their supervision, instruction or custody: [1] the school, its administrators and
teachers; or [2] the individual, entity or institution engaged in child care. This special parental authority
and responsibility applies to all authorized activities, whether inside or outside the premises of the
school, entity or institution. Thus, such authority and responsibility applies to field trips, excursions and
other affairs of the pupils and students outside the school premises whenever authorized by the school
or its teachers. Under Article 219 of the Family Code, if the person under custody is a minor, those
exercising special parental authority are principally and solidarily liable for damages caused by the acts
or omissions of the unemancipated minor while under their supervision, instruction, or custody.”

Applying the foregoing in your case, the school, its administrators and teachers have the special parental
authority and responsibility over the minor child while under their supervision, instruction or custody.
As a consequence, they are principally and solidarily liable for damages caused by the acts or omissions
of a child under their care.

However, the school, its administrators and teachers, may only exempt themselves from the liability
imposed by the law if they can prove that they exercised the proper diligence required under the
particular circumstances. Thus, they must prove that they observed proper diligence of a good father of
a family in order to cease the liability attached to the incident that happened to your son.